The Magellan program was developed to deal with Family Court cases involving serious allegations of physical and sexual child abuse . As these cases involve the most vulnerable children, the Family Court has implemented this fast-track program in all of its registries. Magellan involves:
- rigorous judicial management including the imposition of strict time frames
- an early ‘front loading’ of resources such as the appointment of an independent children’s lawyer
- requesting information from the relevant state or territory welfare authority early in the trial process, and
- close liaison on case management between external information providers and a small team of judges, registrars and family consultants.
The Magellan approach is based on:
- cooperation with other organisations, such as state welfare authorities, which have had contact with the family
- a focus on the children in the dispute
- a judge leading and managing the proceedings from the beginning within a tightly managed and time limited approach
- the Court’s ability to order expert investigations and assessments from the respective state/territory child protection agency and/or a court family consultant, and
- a designated court-ordered independent children’s lawyer for every child, funded by legal aid.
Magellan process
Family Court cases that involve serious allegations of child abuse go into the Court’s Magellan program where they are dealt with as effectively and efficiently as possible. When a Notice of Child Abuse and Family Violence is included in a parenting order, it is referred to the Family Court’s Magellan Registrar for listing.
A Magellan team consisting of judges, registrars and family consultants at each family law registry manages the cases. Ideally, each case is managed by the same team from start to finish. Generally, the aim is to complete Magellan cases within six months from the case being placed on the Magellan list.
Early steps in a Magellan case include:
- making appropriate interim orders to protect the child until the matter comes to trial
- ordering a report from the respective state/territory child protection agency including:
- whether it intends to intervene in the Family Court proceedings
- whether it has previously investigated these or other allegations
- the conclusion and the reasons for the conclusion of the investigation
- any recommendations or other relevant information
- ordering a subpoena of the respective state/territory child protection agency
- ordering the appointment of an independent children’s lawyer, and
- ordering a detailed family report, where appropriate, which analyses the family dynamics and the needs of the children.
The Magellan program was extended to all states and territories, except Western Australia, between 2003 and 2006.
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This article provides basic information only and is not a substitute for a professional or legal advice . If you are likely to be involved in court proceedings or legal action, you should get advice from a family lawyers.
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